mike_bn 2025-01-22 09:58 p.m.i am rejecting your motion for the following reason(s):
This matter has been on-going for some time, but I am failing to understand the nature of the prejudice your client is facing. He is not being confined, he has no conditions for his release, he is free to carry on life as a normal man. This matter has been pending 3 months, partially due to the holiday recess, primarily because of both defense and government counsel's inability to schedule trial.
You shot yourself in the foot with the case law you cited. “We think the better rule is that the defendant's assertion of or failure to assert his right to a speedy trial is one of the factors to be considered in an inquiry into the deprivation of the right. ” Barker v. Wingo, 407 U.S. 514, 528 (1972). I would be inclined to agree if you made every possible effort to schedule trial, and demand your speedy right.